Full Text of SB0042 94th General Assembly
SB0042 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB0042
Introduced 1/26/2005, by Sen. John O. Jones SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/11-208 |
from Ch. 95 1/2, par. 11-208 |
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Amends the Illinois Vehicle Code. Provides that a unit of local government, including a home rule unit, that enforces against any person an ordinance that (i) applies only to motorcycles and restricts their access to certain highways, (ii) requires motorcycle riders to wear protective headgear, or (iii) regulates motorcycles in a manner inconsistent with the Code, in addition to being liable to that person for the actual damages sustained, is liable to that person for punitive damages in an amount not less than $10,000 and not greater than $25,000 and for reasonable attorney's fees. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
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A BILL FOR
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SB0042 |
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LRB094 05060 DRH 35096 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 11-208 as follows:
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| (625 ILCS 5/11-208) (from Ch. 95 1/2, par. 11-208)
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| Sec. 11-208. Powers of local authorities.
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| (a) The provisions of this Code shall not be deemed to | 9 |
| prevent
local authorities with respect to streets and highways | 10 |
| under their
jurisdiction and within the reasonable exercise of | 11 |
| the police power from:
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| 1. Regulating the standing or parking of vehicles, | 13 |
| except as
limited by Section 11-1306 of this Act;
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| 2. Regulating traffic by means of police officers or | 15 |
| traffic control
signals;
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| 3. Regulating or prohibiting processions or | 17 |
| assemblages on the highways;
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| 4. Designating particular highways as one-way highways | 19 |
| and requiring that
all vehicles thereon be moved in one | 20 |
| specific direction;
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| 5. Regulating the speed of vehicles in public parks | 22 |
| subject to the
limitations set forth in Section 11-604;
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| 6. Designating any highway as a through highway, as | 24 |
| authorized in Section
11-302, and requiring that all | 25 |
| vehicles stop before entering or crossing
the same or | 26 |
| designating any intersection as a stop intersection or a | 27 |
| yield
right-of-way intersection and requiring all vehicles | 28 |
| to stop or yield the
right-of-way at one or more entrances | 29 |
| to such intersections;
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| 7. Restricting the use of highways as authorized in | 31 |
| Chapter 15;
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| 8. Regulating the operation of bicycles and requiring |
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SB0042 |
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| the
registration and licensing of same, including the | 2 |
| requirement of a
registration fee;
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| 9. Regulating or prohibiting the turning of vehicles or | 4 |
| specified
types of vehicles at intersections;
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| 10. Altering the speed limits as authorized in Section | 6 |
| 11-604;
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| 11. Prohibiting U-turns;
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| 12. Prohibiting pedestrian crossings at other than | 9 |
| designated and marked
crosswalks or at intersections;
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| 13. Prohibiting parking during snow removal operation;
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| 14. Imposing fines in accordance with Section | 12 |
| 11-1301.3 as penalties
for use of any parking place | 13 |
| reserved for persons with disabilities, as defined
by | 14 |
| Section 1-159.1, or disabled veterans by any person using a | 15 |
| motor
vehicle not bearing registration plates specified in | 16 |
| Section 11-1301.1
or a special decal or device as defined | 17 |
| in Section 11-1301.2
as evidence that the vehicle is | 18 |
| operated by or for a person
with disabilities or disabled | 19 |
| veteran;
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| 15. Adopting such other traffic regulations as are | 21 |
| specifically
authorized by this Code; or
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| 16. Enforcing the provisions of subsection (f) of | 23 |
| Section 3-413 of this
Code or a similar local ordinance.
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| (b) No ordinance or regulation enacted under subsections 1, | 25 |
| 4, 5, 6, 7,
9, 10, 11 or 13 of paragraph (a) shall be effective | 26 |
| until signs giving
reasonable notice of such local traffic | 27 |
| regulations are posted.
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| (c) The provisions of this Code shall not prevent any
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| municipality having a population of 500,000 or more inhabitants | 30 |
| from
prohibiting any person from driving or operating any motor | 31 |
| vehicle upon
the roadways of such municipality with headlamps | 32 |
| on high beam or bright.
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| (d) The provisions of this Code shall not be deemed to | 34 |
| prevent local
authorities within the reasonable exercise of | 35 |
| their police power from
prohibiting, on private property, the | 36 |
| unauthorized use of parking spaces
reserved for persons with |
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| disabilities.
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| (e) No unit of local government, including a home rule | 3 |
| unit, may enact or
enforce an ordinance that applies only to | 4 |
| motorcycles if the principal purpose
for that ordinance is to | 5 |
| restrict the access of motorcycles to any highway or
portion of | 6 |
| a highway for which federal or State funds have been used for | 7 |
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planning, design, construction, or maintenance of that | 8 |
| highway. No unit of
local government, including a home rule | 9 |
| unit, may enact an ordinance requiring
motorcycle users to wear | 10 |
| protective headgear. Nothing in this subsection
(e) shall | 11 |
| affect the authority of a unit of local government to regulate
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| motorcycles for traffic control purposes or in accordance with | 13 |
| Section 12-602
of this Code. No unit of local government, | 14 |
| including a home rule unit, may
regulate motorcycles in a | 15 |
| manner inconsistent with this Code. This subsection
(e) is a | 16 |
| limitation under subsection (i) of Section 6 of Article VII of | 17 |
| the
Illinois Constitution on the concurrent exercise by home | 18 |
| rule units of powers
and functions exercised by the State.
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| (f) A unit of local government, including a home rule unit, | 20 |
| that enforces against any person an ordinance that violates | 21 |
| subsection (e) of this Section, in addition to being liable to | 22 |
| that person for the actual damages sustained, is liable to that | 23 |
| person for punitive damages in an amount not less than $10,000 | 24 |
| and not greater than $25,000 and for reasonable attorney's | 25 |
| fees.
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| (Source: P.A. 90-106, eff. 1-1-98; 90-513, eff. 8-22-97; | 27 |
| 90-655, eff.
7-30-98; 91-519, eff. 1-1-00.)
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| Section 99. Effective date. This Act takes effect upon | 29 |
| becoming law.
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